MARVIN MANDEL, Governor

531

A SELLER MAY NOT USE ANY GENERAL REFERRAL SALES
TECHNIQUE, PLAN, ARRANGEMENT, OR AGREEMENT BY WHICH A
BUYER IS INDUCED TO PURCHASE MERCHANDISE, REAL PROPERTY,
OR INTANGIBLES ON THE REPRESENTATION OR PROMISE OF THE
SELLER THAT IF THE BUYER FURNISHES TO THE SELLER THE
NAMES OF OTHER PROSPECTIVE BUYERS OF LIKE OR IDENTICAL
MERCHANDISE, REAL PROPERTY, OR INTANGIBLES, HE WILL
RECEIVE A REDUCTION IN PURCHASE PRICE BY MEANS OF A CASH
REBATE, COMMISSION, OR CREDIT TOWARD BALANCE DUE OR ANY
OTHER CONSIDERATION.

REVISOR'S NOTE: This section presently appears as
Art. 83, §21C.

The terms "real property" and "intangibles,"
derived from the present definition of
"merchandise," are added here for purposes of
emphasis. In this regard, see revisor's notes
to §13-101(f).

Under §13-301 (10) of this subtitle, the
practices prohibited by this section and by
the following sections of this subtitle
constitute "unfair or deceptive trade
practices," even though the scope of these
sections are not all confined to "consumer"
transactions, within the limited definitions
of §13—101(c) and (d). The broader scope is
required by the present language of these
sections in Art. 83, the enactment of which
predated adoption of §20D (from which §13—301
is derived) and adoption of the referenced
definitions. The inclusion of these sections
as "unfair or deceptive trade practices,"
subject to the general provisions of this
title, would follow from their prohibitory,
criminal nature, and, with respect to present
§§ 21C and 21D, from the present use of the
term "unlawful trade practice," an apparent
counterpart term to "unfair or deceptive trade
practice." (Present provisions of the
Consumer Protection Act which are purely
contractual in nature, rather than
prohibitory, have been incorporated in Title
14, Subtitle 11 of this article.) This
organization and construction, the Commission
believes, is that intended by the General
Assembly when it enacted Ch. 609, Acts of
1974, which generally amended and added to the
Consumer Protection Act.

The only other changes are in style.

The Commission notes that present §21C, unlike